African Courts, the Settlement of Investment Disputes and the Enforcement of Awards
Bibliographic Data
| ID | 16767601 |
|---|---|
| Authors | Augustus Asante Agyemang (corresponding author) |
| Year | 1989 |
| Volume | 33 |
| Issue | 1 |
| Pages | 31-44 |
| Publication date | 1989-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of African Law (JOURNAL) |
| Journal identifiers | ISSN: 0221-8553 • E-ISSN: 1464-3731 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/s0021855300007968 |
| OpenAlex | W2168981942 |
| Language | EN |
| References cited | 17 |
An indication of the reluctance of some African states to submit to international arbitration when investment disputes arise under investment contracts providing for international arbitration of disputes is to be found in their insistence that such disputes should be settled by their national courts. For instance, Article 35 of the Oil Code of Madagascar provides for the exclusive jurisdiction of the Madagascar Courts in respect of disputes arising under the Code. In the Libyan Nationalisation Cases , Libya was insistent that only its national courts could settle the arbitrations. In the Holiday Inns Arbitration and the case of Société Ltd., Benvenuti & Bonfant , the Moroccan and Congolese Governments respectively contended that only their national courts could settle certain aspects of the investment disputes they were parties to. This article considers the extent to which this insistence is reflected in investment contracts and the suitability of African courts for settling investment disputes and enforcing awards
Arbitration · Business · Compulsory arbitration · Enforcement · Investment (military) · Jurisdiction · Political science · Settlement (finance) · Finance · International Arbitration and Investment Law · International Law and Human Rights · International Maritime Law Issues · Law
The Africans
Compensation for expropriation in the third world
Arbitration and the Settlement of Commercial Disputes
Contracts between a State or a State Agency and a Foreign Company
International Protection of Direct Foreign Investments in the Third World
States and the Undertaking to Arbitrate
International Arbitrations between States and Foreign Private Parties
Arbitration of Disputes Between States and Private Enterprises in the International Chamber of Commerce
The Politics and Sociology of African Legal Development
The Africans. A Triple Heritage
| Citation velocity | historical |
|---|---|
| Highly cited | No |